Lulan7 v FD

[lulan7]

Well another days post and still nothing from the court, FD or their solicitors.....

 

I contacted MCOL and all they could tell me was that the case was being transferred to my local court - I knew that anyway!

 

I have sent a copy of my claim details to DG Solicitors so see if that prompts any response, I will keep you posted

[dar£n]

Lulan, just checking in on you..

 

Have you sent in your updated SOC's since filing at court?

 

If not do it asap to both parties..

[Zactheboy]

What do you mean by both parties? (sorry to butt in on Lulan's thread - we are at the same stage) you mean the bank and the Solicitors?

 

Z

[dar£n]

The bank & the court!

[Zactheboy]

Thanks dar£n - two copies went to the court straight after issue date and I sent another copy to the Solicitor a few days ago.

 

That must be it then

 

Z

[lulan7]

Finally after much chasing I have had this from MCOL...

 

Dear *********

 

"It appears that the defence that was filed has been misplaced. We have requested the defendant send us a copy of the defence. If we do not receive a copy within 12 days you may be able to enter Judgment."

 

Has anyone else come across this before?

 

[Zactheboy]

Well fingers crossed they don't send it

 

Start counting the days!

 

Z

[Joeyboo21]

Well..... If they use the same defence for you as they are using with my case, you aren't missing anything! It goes like this:

 

1) The claimaints account is goverened by the defendants personal/business banking terms and conditions.

2) Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft.

3) The defendant denies that the charges applied to the claimants account amount to penalties at com!mon law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs).

4) The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly cannot amount to a penalty.

5) Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

 

What a crock of s*%* !

 

Basically you agreed to our extortionate charges, and there is nothing you can do about it! nernernernernerner!!!!!!

 

The above defence is word for word(minus their spelling errors, I thought solicitors went to uni!) and seeing as I have 2 accounts, both personal, you can see that it is a proforma defence, and it fits in the tiny space on the court forms! Just waiting for a hearing date now.

[lulan7]

You were right Joey...

 

I received a notice of transfer this morning and also a copy of FD's defence - exactly the same as yours.

 

I also had a note saying that in my case it was not necessary to complete an AQ.

 

Not sure what happens now as I've read conflicting stories about the OFT case.

 

L

[indigoblue]

If its any consolation, I had submitted and paid for the AQ FD hadnt submitted theirs and were issued with an unless order by the judge, they complied with this at the last hour. Then comes the OFT case...... So I rang the court today who confirmed a date has been set for the case to be heard and as far as they are concerned it will be proceeding. hope this helps

[Waxsyd]

Hi Indigo

 

If the case does proceed through the court and you win, do you think that FD will be under obligation to pay out or use the Test Case bit to delay it?

[indigoblue]

As I understand it, if I win on the day they will be obliged to pay as I will have a judgement against them, its whether they settle before the court date that concerns me, will just have to wait and see, I kinda think that them making a slip up and not complying with orders would be the best thing so that I get a judgement by default. However on a positive note just had a judgement by default on my argos claim so another one down

[lulan7]

Hi everyone

 

I got back from hols to a letter from my local court (my case was recently transferrred from MCOL).

 

Letter says words to the effect of "Case adjourned with liberty to apply, if no application is received by 28/7/08 the case will be struck out".

 

Not sure what to do next?

 

L

[lulan7]

It's all gone a bit quiet on here!!

 

I wondered if anyone had any advise as to whether I should be doing anything.

 

My case seems to have been adjuorned (see my last post)

 

Is everyone else in the same position??

 

I am rather annoyed because MCOL lost FD's defence which delayed by case, otherwise it might have been a different matter